Pubdate: Thu, 08 Dec 2016
Source: Penticton Herald (CN BC)
Copyright: 2016 The Okanagan Valley Group of Newspapers
Contact:  http://www.pentictonherald.ca/
Details: http://www.mapinc.org/media/664
Author: James Miller
Page: A1

COUNCIL OKS POT SHOPS

Licences issued to 2 dispensaries that have 'made every effort to work
with the city'

After nearly three hours of public consultation and debate, Penticton
city council reached a compromise Tuesday on the contentious issue of
medical marijuana dispensaries.

By a 4-2 vote, council approved six-month licences for shops at
101-351 Westminster Ave. and 409 Martin St., and denied five other
requests.

"It's happening whether you like it or not, and pretending that it
isn't happening isn't going to fix what is happening," Coun. Max
Picton said.

"This allows us some measure of control in our community rather than
no controls at all. The ones that are willing to play by the rules are
the ones we want operating in the community until the federal
government comes up with some definite provisions and
guidelines."

After a 3-3 stalemate on the first of seven requests (Coun. Tarik
Sayeed was absent), Picton said only the four original applications
should be considered - and only those that followed the city's guidelines.

"These are the ones that have gone through the entire process, shown
compliance and have made every effort to work with the city up until
this point," Picton said. "There have been those that have gone
against our prior ruling and have continued to operate and have shown
complete, blatant disregard for the rules. They will be the ones I
won't be supporting."

Coun. Judy Sentes, noting the tied vote, changed her original position
upon Picton's suggestions.

"Some of the establishments appear superior to others, and there lies
the dilemma," Sentes said. "How do I, as a councillor, say, 'You can,
but you can't?' That's an impossible question and it does bring me
back to the legality. I do empathize because there are people who need
the product. We're not talking about refrigerators or trees, we're
talking about people."

Of the five other applicants, a request for 575 Main St. was denied
because it's located near an elementary school. Sentes suggested that
if the owner is able to secure another location, council would
reconsider the application.

With the license approval comes a $5,000 annual fee and 10 sets of
conditions which include operating only between the hours of 8 a.m.
and 10 p.m.

Coun. Helena Konanz added that she wanted to see strict rules about
advertising and signage put in place.

The issue remains confusing for municipalities as the federal
government has yet to release definite regulations. Those are rumoured
to be coming in April. Coun. Andre Martin therefore suggested reducing
staff's recommendation of an 18-month temporary licence to six months.

Councillors heard from several medical marijuana users who made
passionate pleas about how the product has saved their lives. Several
speakers noted that some of the dispensaries operating in Penticton
are superior to others.

Theresa Chapman, a pot user for more than 50 years, noted that
marijuana plants are difficult to grow properly.

Blair Roy, who uses the product for medical purposes, said although
there are 34 outlets available in Canada that can legally mail the
product, it's a tremendous hassle and they don't offer proper advice.
It also require a credit card for purchase.

Elaine Nuessler, whose epileptic granddaughter Kyla Williams drew
international headlines, spoke in favour of legal and safe marijuana
dispensaries and praised the operator who successfully applied for a
shop at 351 Westminster Ave. W.

There were detractors.

Downtown businessman Lindsey Hall suggested that the city is opening
itself up for all kinds of liability issues.

Of the seven requests, six were from the downtown. In a poll of
Downtown Penticton Association members, 67 were opposed and 41 in favour.

"I can not support an illegal use of space," DPA president Leigh
Folstad said, drawing comparisons with illegal poker games and brothels.

The legality issue was what Coun. Campbell Watt came back to
throughout the evening. Until the federal government officially states
otherwise, the product remains illegal.

"This is making a grey area even greyer," Watt said. "I don't know
what we allocated in our budget for policing, we don't have penalties
in place, there's the issue of location and enforcement and
monitoring, and we haven't talked about any of this. Yet we're
allowing them to come. Do we make our own rules before the federal
government makes there's?"

On the two applications that were granted, Mayor Andrew Jakubeit and
Couns. Martin, Sentes and Picton were in favour, while Couns. Konanz
and Watt were opposed.

Sayeed was absent from Tuesday's meeting and is expected to also miss
the Dec. 21 session. According to Jakubeit, Sayeed is visiting family
in Asia this month.
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MAP posted-by: Matt